Construction sites in NJ can use EPA’s templates and guides but must tailor it their specific site and to the requirements of NJ’s 5G3 permit. For example, in NJ the SPPP is required to consist of an “erosion control plan certified pursuant to N.J.S.A. 4:24-43” and a “construction waste control component” where the requirements are in Appendix B of the NJ 5G3 permit.

Also, the NJ 5G3 permit requires weekly inspections to be documented to “evaluate whether the SPPP is being properly implemented and maintained, or whether additional measures are needed to implement the SPPP”. Therefore, sites can use EPA’s inspection form but it should include an evaluation of site specific BMPs that are in the SPPP (erosion controls and waste controls).

TRANSFER OF OWNERSHIP

In many residential developments, an overall developer applies for stormwater permit coverage, conducts grading activities, and installs the basic infrastructure (e.g., utilities, roads). Individual lots are then sold to builders who then construct the houses. Unless the developer is still responsible for the stormwater discharges from these individual lots (which is typically not the case), then the builder will need to apply for permit coverage on their own.

In cases where the entire project site is transferring ownership and permit authorization has already been obtained, it is possible to transfer the authorization to the new owner. However, the new owner would be responsible for ensuring that the SPPP, containing the soil erosion and sediment control plan, sufficiently addresses all the activities conducted by the new owner. Also the new owner would be responsible for all permit actions and, potentially, violations which have occurred under the authorization. It is recommended to simply apply for a new authorization.